Idem Claim form - Lloyds Loan -***Claim Discontinued***

[Tiredngrumpy]

Ok, I have a small admission to make..

 

It wasn't a defence I submitted,

 

I went against the advice offered and made an application to the court for a directions order without a hearing.

 

I admit this was a gamble but for me personally it seemed the best option available.

 

The court have now approved the draft order and the DCA have 7 days left to disclose the docs they're relying on

or their claim will be struck out.

 

Please could anyone advise on whether there is any way to stop this for good following strike out?

 

What if it's sold on?Thanks

[AndyOrch]

Hi,

 

I haven't posted for a while..

 

I submitted my defence before the deadline, I also wrote a letter to the sols asking for disclosure of the docs metioned in the PoC under CPR.

 

They replied saying they required 14 days and could I ask for an extension. - I ignored their request as I'd covered non disclosure in my defence.

 

I checked that the defence was with the court on the Royal Mail Tracking Website and it was.

 

All went quiet so I called the court after about a month and was told it was still waiting to be looked at.

 

Today I have received a letter from Arden stating that my debt will be passed to Wescot within 5 days of the date of the letter which is dated 27th June, so basically it's happening today. It doesn't say it's been sold, just passed to Wescot to be collected on their behalf.

 

WTF??

 

I'm guessing Wescott are still under the Paragon umbrella?

 

Surely they can't do this while my account is in dispute with pending court action?

 

Any pointers on a course of action here please?

 

Thanks

 

So all the above is fictitious ?

[Tiredngrumpy]

No, All is factually correct except I submitted an application for a directions order rather than a defence.The delay in my application being processed was due to the court filing my application rather than passing it to the DJ.I've spoken to Wescot and told them I won't deal with them while court action is in progress. They've acknowledged this in writing.Idem now have 7 days to comply with the court order. (They were given 14 days.)

[Tiredngrumpy]

Today I received a letter from the DCAs Sols stating they have enclosed a copy of the notice of discontuance. - Nothing was actually enclosed with their letter.

 

I will obviously write back pointing out their error but is there anything I could include to make this go away for good? It's blindingly obvious they haven't got the docs they'd be relying on but I bet it won't stop them having another go or selling this on. - What can I do to put a stop to this please?

 

Thanks

 

PS. If their letter is a bluff the clock is still ticking on the court order. - (Produce docs or face strike out.) So either way I win this round.

[Tiredngrumpy]

I've finally got proof of the discontuance notice.

 

I was thinking of claiming costs due to their unreasonable behaviour under CPR 27.14 (2) (g)

 

Is there a cost claim template and an up to date hourly rate posted anywhere please?

 

Thanks

[AndyOrch]

Wasted costs do not apply to Small Claim Track ..though technically this was never tracked but would be treated as a SCT irrespective.

 

Well done on the result though and I will amend your thread title to reflect the outcome.

 

Regards

 

Andy

[jackthepippa]

I received this letter too.

So it wasn't genuinely from BlackHorse then.

 

Update...

 

I wrote a letter to Arden (sent recorded) stating that I had already requested that Idem should stop calling and I also mentioned that I had requested a Notice of Assignement and made a CCA request to Idem.

 

I received a acknowledgement letter stating that they were looking into my complaint and I have now received a letter which is their final response to my 'complaint'.

 

The letter states... "Lloyds TSB has written to you and advised you that all of its respective rights, title and interest in respect of your account , including the outstanding balance, have been assigned to Idem Capital Securities Ltd" bla bla. - INCORRECT! Idem sent me something that they'd knocked up to look like it was from Lloyds.

 

The letter also states that a copy of the Lloyds letter and also a copy of their 'Welcome letter' is enclosed but the only thing enclosed was a FOS leaflet. NO LETTERS!

 

It goes on to say... "I have requested a copy of your loan agreement and T's & C's from Lloyds and once it is received it will be sent to you. We are confident that the agreement is wholly enforceable and therefore you must take whatever action you consider appropriate, but we will not be releasing you from any obligation."

 

They obviously didn't read my letter properly as I didn't ask them for anything other than to stop calling. I simply told them I had already made requests to Idem.

 

My original CCA request and NoA request was received (recorded proof) at Idems office on 5th August so 12 + 2 means that they have defaulted as of last week. Should I write back to them pointing out their incompetence or sit out the 30 days and hit them then?

 

Thanks for reading!